Village of Osceola, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Osceola as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 160.
Peace and good order — See Ch. 168.
[Adopted 8-10-1993 by Ord. No. 7-93 as Sec. 10.07 of the 1993 Code]
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
To be off the premises of the owner and not under the control of the owner or a member of his or her immediate family over 12 years of age, either by leash or otherwise.
OWNER
Includes any person owning, harboring or keeping a dog in this village. The occupant of any premises on which a dog remains or to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the dog.
[Amended 1-12-1999 by Ord. No. 99-01]
A. 
No person shall own, harbor or keep any dog more than five months of age without complying with the provisions required under §§ 174.05 to 174.09, Wis. Stats. The annual license fee payable to the Village Treasurer shall be set by resolution of the Village Board from time to time. In addition to the license fee, any person who keeps more than two dogs shall obtain a kennel license at an annual fee to be set by resolution of the Village Board from time to time.[1]
[1]
Editor's Note: See Ch. A222, Fees and Salaries.
B. 
Private dog kennel license.
[Added 2-13-2007 by Ord. No. 07-11]
(1) 
Any premises with three or more dogs over the age of five months is required to have a private dog kennel license issued by the Village Board. The temporary boarding of additional licensed dogs for up to 30 days shall not require a private dog kennel license, provided that the boarding is not for commercial purposes. A private dog kennel license shall not be issued unless the application for such license is accompanied by the written approval thereof by the occupants of all privately owned real estate abutting the premises on which such kennel is to be located or unless the applicant's kennel is 300 feet or more from any adjacent owner's property line. Approval of abutting property owners is necessary only for the initial licensing.
(2) 
In circumstances requiring a private dog kennel license under this subsection, no dogs may be kept on the premises until the private dog kennel license is issued and the fee is paid.
(3) 
The annual license fee for a private dog kennel shall be set by resolution of the Village Board.
(4) 
Where a kennel would otherwise be a private kennel, but the licensee breeds and sells pups, then the kennel must comply with all regulations of a commercial kennel, including obtaining a zoning permit for said use and payment of licensing fees.
(5) 
Where the licensee is not the owner of the premises, the owner of the premises shall be subject to the rules and regulations of this article pertaining to permitted number of dogs and all other health, welfare and safety regulations pertaining to dogs or enacted for the general welfare of the public. No license shall be issued to a non-owner licensee unless the owner of the premises acknowledges in writing he/she is subject to the provisions of this article.
[Amended 2-13-2007 by Ord. No. 07-10; 11-13-2007 by Ord. No. 07-23]
A. 
No person shall own, harbor, or keep any dog which:
(1) 
Is at large within the limits of the Village.
(2) 
Habitually pursues any vehicle upon any public street, alley or highway.
(3) 
Molests or defiles or destroys any property, excepting that of the owner or custodian.
(4) 
Assaults or attacks any person or molests or annoys any person when that person is off the property of the owner or custodian of such animal.
(5) 
Habitually barks or howls to the annoyance of any two or more persons.
(6) 
Does not carry the tag as provided by § 74-5.
(7) 
Is a dangerous dog contrary to this section.
(a) 
Definitions. "Dangerous dog," as used in this section, means:
[1] 
Any dog which approaches or chases any human being or domestic animal in a menacing fashion or apparent attitude of attack, without provocation, on public or private property;
[2] 
Any dog which bites, inflicts injury, attacks, or otherwise endangers the safety of human beings or domestic animals, without provocation, on public or private property; or
[3] 
Any dog owned, harbored, or trained primarily or in part for fighting.
B. 
Impoundment. Any dog impounded by the Health Officer or Police Department for violation of this article may, upon establishment to the satisfaction of the court of the vicious character of said animal by testimony under oath, be euthanized at the direction of the Police Chief. If the court does not issue an order authorizing the humane destruction of the animal, it may be reclaimed from the impounding authority upon payment of all impoundment fees and kept in the Village upon proof to the court's satisfaction of compliance with Subsection C.
C. 
Restrictions. The owner of any animal determined by the Municipal Court to have violated any provision of Subsection A(7) of this section, shall be subject to all of the following restrictions:
(1) 
Registration. The owner of any dangerous animal shall register it with the Village Clerk upon disposition, and annually thereafter on or before January 31 of each year, by providing a current color photograph of the animal and payment of a registration fee of $75. Said fee may be modified by resolution of the Village Board. Upon payment of the fee, the owner shall be issued a dangerous animal leather buckled collar of an approved color for the purpose of identification.
(2) 
Liability insurance. At the time of registration, the owner of any dangerous animal shall provide proof of liability insurance in the amount of at least $250,000 for any acts of property damage or liability incurred by virtue of injury inflicted by such animal. Such insurance shall name the Village as coinsured solely for the purpose of notice of cancellation of the policy.
(3) 
Display of standard sign. The owner of any dangerous animal shall display a standard sign approved by the Village on his or her premises facing out from all sides of the premises warning that there is a dangerous animal on the property. This sign should be visible and capable of being read from a public highway or thoroughfare or within 20 feet of its placement. In addition, the owner shall conspicuously display a standard sign and a symbol warning children of the presence of a dangerous animal.
(4) 
Identification. Before release to the owner, the impounding authority or licensed veterinarian shall implant a device that can be later detected to aid in the proper identification of the animal as dangerous.
(5) 
Collar. The collar issued to the owner shall be worn by the animal at all times as proof of registration, except when being groomed. If, when due to the length of the animal's hair, the collar is not visible, an approved colored leather lead may be used.
(6) 
Duty to keep animal under restraint while on owner's property. While on the owner's property, a dangerous animal must be securely and humanely confined indoors or in a secure enclosed and locked pen or structure, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure must have a minimum dimension of five feet by 10 feet and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be imbedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the animal.
(7) 
Duty to keep animal under restraint while off owner's property. A dangerous animal may be off the owner's premises if it is muzzled and restrained by an approved leather lead not exceeding three feet in length and is under control of an adult, able-bodied person. The muzzle must be made in a manner that will not cause injury or pain to the animal or interfere with its vision or respiration, but must prevent it from biting any person or animal.
D. 
Penalties for violations.
(1) 
An owner of a dangerous animal who fails to register the animal is subject to a forfeiture of not less than $100 nor more than $250 per day.
(2) 
An owner of a dangerous animal who registers but neglects to have the dangerous animal collar worn by the animal at all times, obtain liability insurance, display the standard sign, or properly restrain the animal is subject to a forfeiture of not less than $25 nor more than $250 per day.
(3) 
Except as otherwise provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
(4) 
Every day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses including shelter, food, handling, veterinary care, and expert testimony fees necessitated by enforcement of this section.
(5) 
Exemptions. The provisions of this section regarding dangerous animals shall not apply to animals owned by law enforcement agencies and used for law enforcement purposes.
E. 
Severability. If any provision of this section is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this section.
[Amended 1-12-1999 by Ord. No. 99-01]
Every dog owner shall have such dog inoculated with an antirabies vaccine by a veterinarian during the months of August and September of each year. Proof of current vaccination shall be provided to the Clerk at time of licensing.
The Village Clerk shall prepare certificates in triplicate form for distribution to licensed veterinarians. The certificate shall contain provisions for inserting information, including the name and address of the owner of the dog, date of vaccination, number of rabies tag, breed, age, color and sex of dog and such other information as may be required. The veterinarian shall furnish a rabies tag of durable material which shall be attached to the collar or harness of the dog as evidence of such inoculation, and such tag shall be numbered and shall contain the year of issuance.[1]
[1]
Editor's Note: Original Sec. 10.07(6), Duty of veterinarian, which immediately followed this section, was deleted 1-12-1999 by Ord. No. 99-01.
[Amended 1-12-1999 by Ord. No. 99-01]
Any person may impound a dog found in violation of § 74-3 and any police officer may kill any dog which habitually pursues any vehicle upon any street, alley or highway of the Village or which assaults or attacks any person. The possession of any dog so impounded or seized may be obtained by paying the Treasurer of the Village a fee as set by resolution of the Village Board from time to time.[1] After such dog has been so impounded for seven days, it shall be destroyed under the direction of a police officer or Health Officer of the Village. Notice of impounding shall be given by the person or officer in possession of the dog within 24 hours of the impounding to the owner of the dog, if known.
[1]
Editor's Note: See Ch. A222, Fees and Salaries.
Any person, police officer or Health Officer who shall kill or impound any dog shall make a report to the Village Clerk stating when and under what conditions he or she seized or impounded such dog and the owner's name, if known.
[Added 2-13-2007 by Ord. No. 07-11[1]
A. 
Definition. A hobby kennel is defined as a kennel limited to the keeping of three or more dogs, provided the dogs are owned by the licensed kennel owner and shall specifically exclude the breeding or boarding of any dogs. The temporary boarding of additional licensed dogs for up to 30 days shall not be considered a hobby kennel, provided that the boarding is not for commercial purposes.
B. 
All buildings and structures for a hobby kennel shall comply with the setback requirement for the zoning district.
C. 
Every owner or operator of a hobby kennel shall:
(1) 
Ensure that each dog shall have space for adequate exercise either within the kennel or adjacent thereto:
(2) 
Provide a shelter for each dog that provides sufficient space therein for the dog to stand and lie in comfort.
(3) 
Ensure the provision of natural light and ventilation.
(4) 
Ensure that all buildings and structures be constructed to prevent the escape of any dogs being kept.
(5) 
Not accept any dog for any other person for the purpose of boarding, breeding, harboring, training, or keeping for any purpose.
[1]
Editor's Note: This ordinance also renumbered former § 74-8 as § 74-9.
Except as otherwise provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
[Adopted 7-10-2007 by Ord. No. 07-16]
This policy is adopted to maintain an environment in municipal buildings and offices conducive to the needs of the users and workers. Animal fears or phobias, allergies (which can result even after the animal is no longer present), and the difficulty keeping animals under control can create situations counter to the safety or comfort of employees and the public. All employees and users of municipal buildings should be able to use these buildings without those concerns.
A. 
Animals are prohibited in municipal buildings in the Village of Osceola, with the exception of guide dogs or other service animals accompanying individuals with disabilities and especially trained and educated for that purpose.
B. 
The Village Board may grant exceptions for specific events. On occasions where the Board may grant an exception, the animals must be under the control (leashed or crated) of the owner. The animals must be licensed, and have evidence of state-required vaccinations as applicable.
Except as otherwise provided, any person who shall violate any provision of this article or any order, rule, or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.